Delhi High Court Calls For Uniform Eligibility Conditions For Recruitment To Various Teaching Posts

The Delhi High Court has called for uniform and consistent eligibility conditions for recruitment to the posts of primary teachers, post graduate teachers and trained graduate teachers respectively, and has asked the Union Ministry of Higher Education to look into the matter.

“It may be in consonance with the objective of National Education Policy to streamline and provide uniform/consistent eligibility conditions for the recruitment to the posts of Primary Teachers, TGTs and PGTs since the curriculum to be taught is generally similar across different educational boards including CBSE,” a division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta said.

The court observed that with advent of technology, the educational curriculum has been changing and new courses have evolved, making them vocation oriented and upkeeping with global education standards.

The bench however added that at times, the curriculum varies from University to University and also the duration of study of the same subject for the number of years may vary.

It added that it has resulted in a situation wherein students undertaking similar courses stand ineligible for applying to various jobs in the government as the Recruitment Rules remain “antiquated, inflexible and have not been changed with the changing curriculums.”

“A copy of this order be forwarded to the Ministry of Higher Education, Govt. of India to look into the aforesaid aspect of prescribing of appropriate guidelines for inclusion/amendment of Recruitment Rules for the purpose of recruitment to the posts of Primary Teachers, TGTs and PGTs in view of introduction of new curriculum and degrees by the Universities and repeated litigations cropping up before the Courts, in this regard,” the court said.

The bench was hearing a plea moved by one Naveen Sharma challenging an order passed by the Central Administrative Tribunal dismissing his plea to declare him eligible for appointment to the post of TGT (Hindi) in terms of Recruitment Rules.

It was Sharma’s case that Kendriya Vidyalaya Sanghthan had issued an advertisement in 2018 for the recruitment of Principals, Vice-Principals, PGTs, TGTs, Librarian and PRTs. He submitted that he applied for the post of TGT (Hindi), cleared the written examination and was shortlisted for interview.

However, he argued, that he was not allowed to appear before the Interview Board on the ground that he had not studied Hindi subject in all the three years at graduation level and, as such, did not fulfill the requirements of Recruitment Rules.

Disposing of the plea, the bench said that in absence of any rule prescribing that having a higher qualification presupposes holding of lower qualification, Sharma cannot be held to meet requirement of essential qualification by mere possession of Post Graduate degree in Hindi.

“We are of the considered view that it cannot be treated as an absolute proposition of law that even if the concerned subject has been studied in a particular course in a University only for one year, the same has to be considered to meet the eligibility condition of having studied the subject for all the three years on the ground that the same is taught by the University only for one year in the concerned course,” the court said.

It added: “However, the same is subject to the caveat that if it is demonstrated that the curriculum for a period of three years of study is covered in a period of two years, the question for equivalence can still be considered.”

Setting aside the impugned order, the bench directed the authorities to consider Sharma’s eligibility for interview to the post of TGT (Hindi), if he meets out the other conditions of eligibility.

“Further, petitioner shall be appointed within four weeks thereafter, if he qualifies the interview and falls within merit list. If appointed, petitioner shall be notionally granted the seniority along with fixation of pay and consequential benefits w.e.f. the date, the other candidates in the said selection stand appointed. However, petitioner shall not be entitled to any arrears of salary,” the court said.

Advocates Basab Sengupta and R.S. Kaushik appeared for the petitioner.

Advocates Virender Pratap Singh Charak, Pinky Yadav, Deepesh Chaudhary, Sachin, Deepak Mahajan and Pushpender Singh Charak appeared for Union of India.

Case Title: NAVEEN SHARMA v. UNION OF INDIA AND ANR.

Citation: 2023 LiveLaw (Del) 892

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